Understanding the evolution of the basis of civil liability of drug manufacturers and distributors

It is accepted that the principle of pure responsibility for the production of defective goods, without the need to prove the fault of the producer and distributor, is based on the judicial, social and economic structures and approaches of each society based on consumer protection in different legal systems.In the Iranian legal system, however, liability based on fault is still a dominant judicial approach. But protecting consumer rights requires accepting pure responsibility; Because it has become necessary in today's modern and industrial age and the technological complexity of the production of goods and the professionalism of jobs. Therefore, the desire of the Iranian legal system is to accept pure responsibility in the field of consumer protection in various laws, including regulations related to the production and distribution of drugs, is an important step to promote public trust.To avoid imposing sole liability on the manufacturer and distributor of the drug, It is essential that the drug be produced and distributed in such a way that the consumer can use and consume it with confidence and without any danger through the use of this drug. Of course, this is associated with legal responsibility and obligation. However, if a person is harmed due to the use of a defective drug, the imposition of the relevant civil liability, it is appropriate to prove the causal relationship between the harm and the defect of the drug.